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The Employment-Based Permit: Your Comprehensive Step-by-Step Guide - Reddy Neumann Brown PC

The employment-based green card procedure is a multi-step procedure that enables foreign nationals to live and work permanently in the U.S. The process can be made complex and lengthy, however for those seeking long-term residency in the U.S., it is an important step to accomplishing that goal. In this short article, we will go through the actions of the employment-based green card process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is normally the very first action in the employment-based permit procedure. The procedure is created to guarantee that there are no qualified U.S. workers readily available for the position which the foreign worker will not negatively impact the earnings and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer begins the PERM procedure by preparing the job description for the sponsored position. Once the job details are finalized, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to similarly used employees in a particular profession in the area of desired work. The DOL concerns a Prevailing Wage Determination (PWD) based on the specific position, task duties, requirements for the position, the area of desired employment, travel requirements (if any), to name a few things. The prevailing wage is the rate the company must at least provide the long-term position at. It is also the rate that needs to be paid to the worker once the green card is received. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations need a sponsoring employer to test the U.S. labor market through numerous recruitment methods for "able, willing, qualified, and available" U.S. workers. Generally, the company has 2 choices when choosing when to begin the recruitment procedure. The employer can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is provided.

All PERM applications, whether for an expert or non-professional profession, require the following recruitment efforts:

- 1 month task order with the State Workforce Agency serving the area of intended employment;
- Two Sunday print ads in a newspaper of basic circulation in the area of desired work, a lot of proper to the profession and most likely to bring responses from able, prepared, qualified, and offered U.S. employees; and
- Notice of Filing to be posted at the job website for a duration of 10 consecutive company days.

In addition to the necessary recruitment pointed out above, the DOL needs 3 additional recruitment efforts to be published. The company should select 3 of the following:

- Job Fairs
- Employer's business website
- Job search website
- On-Campus recruiting
- Trade or expert company
- Private work firms
- Employee referral program
- Campus positioning workplace
- Local or ethnic newspaper; and
- Radio or TV ad

During the recruitment process, the employer may be reviewing resumes and conducting interviews of U.S. employees. The employer needs to keep in-depth records of their recruitment efforts, consisting of the number of U.S. employees who applied for the position, the number who were interviewed, and the reasons they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the company can submit the PERM application if no qualified U.S. employees were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed develops the recipient's concern date and figures out his/her location in line in the green card visa line.

React To PERM/Labor Certification Audit (if any)

An employer is not required to send supporting documentation when a PERM application is submitted. Therefore, the DOL implements a quality assurance process in the form of audits to guarantee compliance with all PERM guidelines. In the occasion of an audit, the DOL typically requires:

- Evidence of all recruitment efforts undertaken (copies of advertisements placed and Notice of Filing);.
- Copies of applicants' resumes and finished employment applications; and.
- A recruitment report signed by the employer explaining the recruitment actions undertaken and the outcomes attained, the number of hires, and, if appropriate, the variety of U.S. applicants rejected, summed up by the specific lawful job-related reasons for such rejections.

If an audit is provided on a case, 3 to 4 months are contributed to the total processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the company will get it from the DOL. The approved PERM/Labor employment Certification confirms that there are no competent U.S. workers readily available for the position and that the recipient will not the earnings and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next step is to submit an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should consist of the approved PERM application and proof of the recipient's credentials for the sponsored position. Please note, depending upon the preference category and country of birth, a beneficiary may be eligible to file the I-140 immigrant petition and the I-485 adjustment of status application concurrently if his/her concern date is present.

At the I-140 petition stage, the company should likewise show its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the green card is released. There are 3 methods to demonstrate ability to pay:

1. Evidence that the wage paid to the recipient amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business's net income amounts to or greater than the proffered wage (yearly report, tax return, or audited monetary declaration); OR.
3. Evidence that the company's net properties are equivalent to or higher than the proffered wage (yearly report, income tax return, or audited monetary statement).

In addition, it is at this stage that the company will select the employment-based choice category for the sponsored position. The category depends on the minimum requirements for the position that was noted on the PERM application and the worker's credentials.

There are numerous classifications of employment-based permits, and each has its own set of requirements. (Please note, some categories might not need an authorized PERM application or I-140 petition.) The categories consist of:

- EB-1: Priority Workers.
- EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
- EB-3: Skilled Workers, employment Professionals, and Unskilled Workers (Other Workers).
- EB-4: Certain Special Immigrants.
- EB-5: Immigrant Investors

After the I-140 petition is filed, USCIS will examine it and might request additional details or documents by releasing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to identify if there is an available green card. The actual green card application can only be filed if the recipient's top priority date is current, suggesting a green card is immediately offered to the beneficiary.

Every month, employment the Department of State publishes the Visa Bulletin, which sums up the availability of immigrant visa (green card) numbers and indicates when a permit has actually appeared to an applicant based on their choice category, country of birth, and concern date. The date the PERM application is filed establishes the recipient's top priority date. In the employment-based migration system, Congress set a limitation on the variety of permits that can be released each year. That limitation is currently 140,000. This implies that in any given year, the optimum number of permits that can be issued to employment-based candidates and their dependents is 140,000.

Once the recipient's top priority date is existing, he/she will either go through change of status or consular processing to receive the green card.

Adjustment of Status

Adjustment of status involves making an application for the green card while in the U.S. After a change of status application is filed (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which typically includes having his/her image and signature taken and being fingerprinted. This details will be used to perform required security checks and for ultimate creation of a permit, employment permission (work permit) or advance parole document. The recipient might be informed of the date, time, and area for an interview at a USCIS workplace to respond to questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS officials will examine the recipient's case to identify if it fulfills among the exceptions. If the interview is effective and USCIS authorizes the application, the recipient will receive the permit.

Consular Processing

Consular processing includes looking for the green card at a U.S. consulate in the beneficiary's home nation. The consular office establishes a consultation for the beneficiary's interview when his/her priority date becomes present. If the consular officer grants the immigrant visa, the recipient is given a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the green card. The beneficiary will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will inspect and determine whether to admit the beneficiary into the U.S. If admitted, the recipient will receive the green card in the mail. The permit acts as proof of irreversible residency in the U.S.

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